My Grandfather is having 3 sons and 5 daughters and he was having 20 acres of land from his father. In 1978 my grandfather, after some dispute with one son released a share of 5 acres for which my grandfather (Now he is dead and he did not write any will), and 2 sons signed it. None of the daughters signed on that release deed. Later the remaining 15 acres were shared by other 2 sons.
My Mother and one more sister filed an Original Suit (O.S) in Bangalore (Year 2008 and still in Issues stage now) for share in Ancestral Property. They filed a suit against only 2 brothers who are having 15 acres of land and also mentioned in O.S that the other brother got land through a release deed and he is not a necessary party of the suit in the plaintiff filed in year 2008.
1. Can we change/Modify the suit by including the other brother now who is having 5 acres of land into this suit?
Also give me a detailed explanation on how can we include the other brother who is having 5 acres of land. I need your help for this particular question in details and different ways.
Important: My mother had already mentioned in O.S that the other brother got land through a release deed and he is not a necessary party of the suit in the plaintiff filed in year 2008. Is it possible to modify the plaint now by way of filing the petition for amendment of pleadings (Case filed in year 2008 and still in Issues stage now).
